Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

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Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk

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Paul Schmidt jailed for neglecting elderly mother – BBC News

‘A man has been jailed for 20 months for neglecting his elderly mother and defrauding her of thousands of pounds.’

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BBC News, 7th April 2014

Source: www.bbc.co.uk

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Kent hospitals admit failings over Simon Willson death – BBC News

Posted April 3rd, 2014 in health, hospitals, mental health, negligence, news, suicide by tracey

‘Two NHS trusts have admitted failures in the care of a father of two who was found hanged in a hospital toilet.’

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BBC News, 3rd April 2014

Source: www.bbc.co.uk

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MoD burdened by unprecedented rise in court actions, MPs warn – The Guardian

‘An unprecedented rise in court actions is placing a huge burden on the Ministry of Defence and could have the unintended consequence of leading to even more civilian casualties, according to a report by MPs.’

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The Guardian, 2nd April 2014

Source: www.guardian.co.uk

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Hillsborough inquest: Questions and answers – Daily Telegraph

‘The new Hillsborough inquests begin today in Warrington, almost 25 years after Britain’s worst sporting disaster and 18 months after the verdicts in the original inquests were quashed.’

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Daily Telegraph, 31st March 2014

Source: www.telegraph.co.uk

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Withers ordered to pay out £1.6m over negligence claim – Legal Futures

Posted March 13th, 2014 in damages, drafting, law firms, negligence, news, solicitors by tracey

‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’

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Legal Futures, 13th March 2014

Source: www.legalfutures.co.uk

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The dependable witness – New Law Journal

‘Martin Burns provides five important factors to consider when instructing an expert witness (or acting as one).’

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New Law Journal, 28th February 2014

Source: www.newlawjournal.co.uk

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“Neknomination manslaughter” – unlikely to enter our vocabulary – Halsbury’s Law Exchange

Posted February 27th, 2014 in alcohol abuse, duty of care, homicide, negligence, news by sally

‘In the current moral panic about neknominate and people dropping dead after drinking two pints of gin, the “something must be done brigade” are suggesting that one of the things that might be done is to hold neknominators criminally responsible for their actions and the deaths of their neknominees.’

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Halsbury’s Law Exchange, 26th February 2014

Source: www.halsburyslawexchange.co.uk

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Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

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Ryaheen Banimuslem balcony death: Sheffield man jailed over girl’s fall – BBC News

Posted February 17th, 2014 in children, homicide, negligence, news, sentencing by sally

‘A maintenance worker has been jailed over the death of a girl who fell 60ft (18m) from a balcony in Sheffield.’

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BBC News, 14th February 2014

Source: www.bbc.co.uk

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These Things Take Time – Zenith Chambers

Posted February 14th, 2014 in limitations, negligence, news, personal injuries by sally

‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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Fact or Friction – Horner v Norman – Zenith Chambers

Posted February 14th, 2014 in accidents, evidence, expert witnesses, negligence, news, personal injuries, road traffic by sally

‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’

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Zenith Chambers, 5th February 2014

Source: www.zenithchambers.co.uk

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Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

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Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) – Supreme Court

Cramaso LLP (Appellant) v Ogilvie-Grant, Earl of Seafield and Others (Respondents) (Scotland) [2014] UKSC 9 (YouTube)

Supreme Court, 12th February 2014

Source: www.youtube.com/user/UKSupremeCourt

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Mental capacity ruling over retainer – Law Society’s Gazette

‘The High Court has ruled that the loss of a client’s mental capacity should not automatically terminate the solicitor’s retainer.’

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Law Society’s Gazette, 10th February 2014

Source: www.lawgazette.co.uk

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Sophee Redhead cleared over Lydia Bishop nursery death – BBC News

‘A former nursery worker has been acquitted over the death of a three-year-old girl in her care. Lydia Bishop got her neck caught in a rope on an outdoor slide in September 2012, on what was her first full day at York College nursery. Sophee Redhead, 25, of York, had denied manslaughter by gross negligence.’

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BBC News, 6th February 2014

Source: www.bbc.co.uk

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Is Fairchild a Leading case of the Common Law? – The Inner Temple

Is Fairchild a Leading case of the Common Law? (PDF)

Per Laleng, Inner Temple Academic Fellow, University of Kent

The Inner Temple, 20th January 2014

Source: www.innertemple.org.uk

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Haxton v Philips Electronics UK Ltd – WLR Daily

Posted January 24th, 2014 in asbestos, damages, industrial injuries, law reports, negligence, personal injuries by sally

Haxton v Philips Electronics UK Ltd [2014] EWCA Civ 4; [2014] WLR (D) 19

‘There was no reason of principle or policy why a claimant whose life expectancy had been reduced by the negligence of the defendant should not be able to recover damages compensating her for the consequent reduction in damages for loss of dependency which she was entitled to claim in a separate action against the same defendant under the Fatal Accidents Act 1976 as a dependant of her late husband.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

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Obtaining a defendant’s insurance details – Hardwicke Chambers

‘In XYZ v Various [2013] EWHC 3648, Mrs Justice Thirlwall is managing group litigation in which nearly 1000 women seek damages from companies running hospitals for supplying them with defective implants manufactured by the French company, PIP, for use in breast implant surgery. Some of the claimants also bring actions against the providers of credit cards pursuant to the Consumer Credit Act 1984 (as amended by the 2006 Act) and some bring actions against the surgeons who carried out the surgery. The total value of the claims is in the region of £13m plus costs on both sides. The court has held a number of case management hearings culminating finally in a timetable leading to trial in October 2014 on three issues in four sample cases in which Transform Medical Group (CS) Ltd (“Transform”) is, effectively, the lead defendant.’

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Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

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“I read it in the newspaper”: The current spate of ancillary relief negligence claims raising near identical section 14A arguments – Hardwicke Chambers

Posted January 22nd, 2014 in financial provision, limitations, negligence, news, pensions, valuation by sally

‘In ancillary relief proceedings, the largest assets are frequently the divorcing couple’s matrimonial home and pension rights. Whilst it is usually straightforward to ascertain the value of the former, accurately achieving this for the latter can be a highly technical exercise. Solicitors’ alleged failure to analyse pension transfer values is the subject of a spate of negligence claims currently being brought by former clients. No case is yet to be reported, but it is expected that a number will be during 2014.’

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Hardwicke Chambers, 13th January 2014

Source: www.hardwicke.co.uk

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